RENTAL REHABILITATION PILOT PROGRAM

PROGRAM POLICIES

AND

GUIDELINES

September 2015

CITY OF MOBILE

Community & Housing Development Department 205 Government Street, 5

th Floor South Tower

Mobile, AL 36602

O: 251.208-6292

F: 251.208-6296

www.cityofmobile.org

Page 1

City of Mobile Community & Housing Development Department

RENTAL REHABILITATION PILOT PROGRAM

GUIDELINES

INTRODUCTION

The Rental Rehabilitation Pilot Program is designed to provide rehabilitation financing

assistance to investor owners of single-family (one to four units) rental properties and will be

administered by the City of Mobile’s Community and Housing Development Department (CHD).

The Rental Rehab Program will provide matching funds up to a maximum of $10,000

per unit. Investor owners are eligible for assistance if their property is located within one-of-

two target areas. The two initial target areas include S. Oakleigh/Texas-Hill and the

Bottom/MLK areas (Attachment 1). The Program is designed to combine federal funds with

matching funds provided by the Owner.

PROGRAM OBJECTIVES

The program objectives include:

a. Encourage rehabilitation of rental units, affordable to low- and moderate-income persons

within the designated areas.

b. Help eliminate blight and stabilize neighborhoods

c. Make rehabilitation of rental properties economically feasible.

d. Use Rental Rehabilitation Programs funds to leverage private investment in the designated

areas.

e. To discourage the abandonment or neglect of residential dwelling units.

PROGRAM PARTICIPATION REQUIREMENTS

You can participate in the Pilot Rental Rehabilitation Program if:

a. You are willing to match the Rental Rehabilitation funds with private funds on a one-to-

one basis up to the maximum per unit amount of assistance. (If additional funds are

required for the project, they must come from private sources.)

b. You have marketable and insurable title to the property to be rehabilitated.

Page 2

c. All federal and state income taxes and property taxes and special assessments are current.

d. If the property is occupied, existing tenant household income must be no more than 80% of

median income adjusted for household size.

e. If the property is vacant, the tenant(s) moving into the property must have household

income no more than 80% of median income adjusted for household size.

f. Owners are required to have properties rented within 90-days of completion or be subject to

default of their loan.

Affordability Period

g. The property must be maintained as affordable for low and moderate income households

for five years. The Owner shall be responsible for acquiring and maintaining third-party

documentation or approved source documentation on tenant income, utility allowance

and rent compliance on an annual basis during the Affordability Period. Property

Standards must be maintained throughout the Affordability Period as well.

h. After rehabilitation, 100% of the assisted single-family units must be occupied by families

whose annual household incomes do not exceed 80% of the “Area Median Income by

Family Size” (AMFI) as published and periodically updated by the U.S. Department of

Housing and Urban Development (Table 1). During the Affordability Period the Owner

must rent to tenants who qualify under the income restrictions stated herein (Table 2).

An annual certification or recertification of tenant income is required throughout the

affordability period.

Table 1: Area Median Income by Family Size MOBILE, AL MSA: March 6, 2015 State of Alabama

FY 2015 AREA MEDIAN INCOME (AMI): $53,300

2015 INCOME LIMITS

LOW-INCOME

80%

AMI

1

PERSON

2

PERSON

3

PERSON

4

PERSON

5

PERSON

6

PERSON

7

PERSON

8

PERSON

29,900 34,150 38,400 42,650 46,100 49,500 52,900 56,300

Table 2: Rent Limits

Mobile, AL MSA: March 6, 2015

2015 RENT LIMITS

FAIR MARKET RENT

(FMR)

1

BEDROOM

2

BEDROOM

3

BEDROOM

4

BEDROOM

5

BEDROOM

6

BEDROOM

652 773 1036 1191 1350 1526

Page 3

i. The minimum rental rehabilitation assistance required from the City federal

funding source is $1,000 per unit, and the maximum per unit assistance cannot

exceed $10,000.

The remaining project costs shall be paid by the Owner in the form of cash or bank loan.

In addition, the Owner’s matching funds shall be paid first after the City issues its

Notice to Proceed with the rehabilitation work. The City’s matching funds shall be paid

last. All pay requests shall be submitted to the City Housing Rehab Coordinator prior to

the disbursement of any City funds.

NOTE All project costs must be certified by the Housing Rehab Coordinator as eligible and reasonable

j. Your property is located in one of the two Pilot Target Areas.

k. All construction will be completed within sixty days of the Notice to Proceed order

date. Request for extension must be in writing to the Housing Rehab Coordinator.

Extensions will only be considered for weather delays or extenuating circumstances

beyond the normal construction delays. If an extension is not granted, the project may

be considered ineligible and any rental rehabilitation project funds disbursed will become

immediately due.

l. Tenant information must be submitted before the project begins or the project may be

deemed ineligible and all City funding will become immediately due.

ELIGIBLE REHABILITATION ACTIVITIES

Exterior Repairs

a. Exterior building envelope and site improvements are the focus of this program. The

exterior repairs include but are not limited to: roof, gutters, windows, doors, siding, eaves,

foundation, porch, driveway/walkway, water and sewer lines, accessibility needs and

modifications, etc.

b. All properties must undergo an inspection for lead-based paint. Many homes built before

1978 have lead-based paint in them. Lead from paint, chips, and dust can pose serious

health hazards if disturbed during the rehabilitation process. Therefore, when undertaking

renovations or repairs, contractors are required to follow lead-safe work practices. The

property owner is responsible for hiring contractors who are required to follow lead-safe

work practices. The property owner is responsible for hiring contractors who are properly

licensed to comply with Environmental Protection Agency standards.

Eligible Soft Costs Which Can Be Paid From the Federal Assistance

a. Architectural, engineering and legal services required in the preparation of

rehabilitation plans and work write-ups.

b. Costs of processing financing, such as private lender origination fees, title insurance,

recording fees and credit reports.

Page 4

c. Fees charged by a private lender for administrative costs.

d. Costs for “As Is” and “estimated after-rehab value” appraisals if necessary.

e. Contractors insurance coverage, at a minimum: $500,000 contractor’s personal liability, $500,000 bodily injury or property damage, $500,000 each occurrence, $500,000 product, including completed operations, pollutant liability for lead education and Worker’s Compensation.

INELIGIBLE REHABILITATION ACTIVITES

a. Properties will not be eligible if the rehabilitation will result in the physical or economic

displacement of existing tenants.

b. No scope of work will be approved which would require tenants to move out, even

temporarily.

c. No funds shall be released for work on other buildings outside of the primary residence.

For example: Barns, Carports, Detached Garages, Sheds or Workshops.

d. Additions to the existing structure.

e. Rehabilitation that affects the historical character or value of a structure as determined by

the Local and/or State Historical Preservations Office.

f. Repair or replacement of non-essential items (i.e., hot tubs, swimming pools).

FINANCING FOR RENTAL REHABILITATION UNITS

a. Mortgage

The financial assistance from the City is payable in full upon sale, grant, mortgage,

assignment or other transfer of the property by the Owner during the 5-year affordability

period. If the Owner retains title to the property and complies with all terms of the

agreement for a period of time stated in the agreement with the City, the lien secured by the

property will be released.

b. Private Financing

The property owner will be responsible for securing private funds sufficient to match the

City’s Rental Rehabilitation Program funds and shall certify the availability of these

funds to the City. If additional funding is required beyond the maximum amount allowed

under the Rental Rehab Program, it shall be paid by the Owner.

c. Disbursement of Funds

Following a satisfactory inspection of work progress and/or the completed work on the

property, funds in proportion to the percentage of project completion will be disbursed by

the Owner and the City. The Owner shall pay out its entire portion of eligible rehabilitation

costs before the City will disburse CDBG Program funds. A 10% retainage of CDBG

Page 5

Program funds shall be held by the City until all punch list items have been corrected to

the satisfaction of the City Housing Rehab Coordinator and all occupancy report

requirements are met.

APPLICATION AND IMPLEMENTATION PROCESS

To initiate the application process contact:

a. Application

Upon receipt and review of the completed application, the Housing Rehab Coordinator

will contact the Owner to schedule an inspection of the rental property. All documentation

can be no more than 6 months old at the start of the review for funding.

b. Inspection

The Housing Rehab Coordinator and Owner inspect the proposed project. When the

inspection is complete, the Housing Rehab Coordinator discusses inspection findings with

the Owner and provides the Owner a copy of the scope of work based on Exterior

Façade Improvements. The scope of work will be used once the Owner decides on a

contractor. In order to receive financing under this program, all items included in the

scope of work must be included in the project. The inspection does not obligate or require

the Owner to make repairs in the event the project is cancelled prior to closing. Once

the project is complete, properties shall continue to be inspected during the Affordability

Period on an annual basis by CHD.

c. Contractor

Using the provided work write-up, and other desired improvements as the basis of project

specifications, the Owner obtains written proposals from three licensed and insured

General contractors. The written proposals should include the work write-up and a bid

price for the job. The Owner must submit the written proposal within 30 days of

receiving the work write-up. If the written proposal is not received in that time frame,

the application will be cancelled and the Owner will need to submit a new application for

the project.

The contractors must meet the licensing requirements for the City of Mobile. These are

available from the City’s Urban Development Department.

Once a contractor is selected, the Owner works with him/her to complete the items

specified in the scope of work. The scope of work includes a general list of the work to

be done and cost estimates. Be sure that both the Contractor and/or Subcontractor’s

written proposal includes required work listed in the scope of work.

Michael Hervey, CHD Program Analyst

205 Government St. Suite 509

5th

Floor, South Tower

Mobile, AL 36602

251-208-6292 or email: michael.hervey@cityofmobile.org

Page 6

CONSTRUCTION

Before work begins, the Owner contacts the Housing Rehab Coordinator to request a Notice to

Proceed. Remember, you, the Property Owner, are responsible for obtaining necessary City

permits, supervising the contractor’s work, resolving any disputes and paying the contractor.

When payment is requested for a portion of the federal funds, or when all work is completed, the

Owner must contact the Housing Rehab Coordinator to schedule an inspection. When the

Housing Rehab Coordinator verifies the work is satisfactory, the City will process pay requests.

ADDITIONAL PROGRAM REQUIREMENTS

a. Property Standards

During the rehabilitation period and after the completion of rehabilitation work, the

Owner shall ensure that all work performed meets all state, federal and local laws,

ordinances, regulations and codes, including but not limited to, Federal Section 8 Housing

Quality Standards (24 CFR 570.202 and 24 CFR 570.606), Property Maintenance Code

City of Mobile, accessibility requirements, if applicable, through the Affordability Period.

b. Federal and State Income Taxes, Student Loans, Real Estate Taxes, and Special

Assessments

All federal and state income taxes, student loans, real estate property taxes, regular and

special assessments levied against the property must be paid up-to-date of closing with

the City and must remain current throughout the term of the City’s agreement, security

documents and Affordability Period.

c. Property Insurance

The Owner shall procure and maintain, at a minimum, fire, wind coverage, and extended

coverage insurance in an amount sufficient to protect the City’s interest in the property

during the term of the Agreement and Affordability Period. The insurance policy shall

include the City of Mobile as an additional insured. Written evidence of such insurance

shall be submitted to the City for approval prior to closing with the City. In the event of

damage to the property, any insurance proceeds are to be applied, at the discretion of the CHD

Director, to the reconstruction of the property or repayment, in full, of the City funding.

d. Davis-Bacon Wage Rates

Davis-Bacon Wage Rates will not apply to the Single-Family Rental Rehabilitation

Program as the maximum number of units in a project cannot exceed four.

e. Lead-Based Paint Prohibition

Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub-

Part B thereof. Such regulations pertain to all HUD assisted housing and require that all

owners, prospective owners or tenants or properties constructed prior to 1978 be properly

notified that such properties may include lead-based paint and require specific treatments

Page 7

according to amount of HUD funding allocated to the project.

Contractors performing lead activities such as interim controls, stabilization or abatement

must have required training certifications where applicable according to 24 CFR Part 35 in

particular Sub-Part B thereof. Certificates for training or certification must be submitted

along with Contractor’s proposal.

The Lead-Based Paint Regulation and Summary of Lead Based Paint Requirements are

attached as (Attachment 2).

f. Eligible Contractors

Owner shall select a General Contractor who has the ability to perform the rehabilitation work

subject to state and local licensing and permitting requirements. The CHD Rehab

Coordinator shall approve all General Contractors prior to being hired by the Owner.

g. Employment and Contracting Opportunities

Compliance with the applicable portions of the Municipal Code and Federal Executive Order

11246 and federal regulations is required for all City and federally funded projects. These

regulations provide that no person shall be discriminated against on the basis of race, color,

religion, sex, political or religious opinions, affiliations, national origin, familial status, age,

disability or handicap, sexual orientation or gender identity in all phases of employment

during the performance of the rehabilitation contract.

The Equal Housing Opportunity Logo or Slogan MUST BE displayed on the rehabilitation

or construction site and in the rental or sales office while work is in progress and in the rental

or sales office once the work is completed.

h. Commencement of Work

The Owner shall not commence any work until such time as a written Notice to Proceed has

been issued by the City. Any work performed prior to the issuance of such notice shall

be the sole responsibility of the Owner and its cost may not be counted as matching

funds.

i. Handicap Accessibility

The design, construction and alteration of buildings shall insure, whenever possible, that

physically handicapped persons will have ready access to, and use of, such buildings in

accordance with the Uniform Federal Accessibility Standards (UFAS), and any local building

codes.

j. Mortgage and Promissory Note

At closing with the City, the Owner shall execute a mor tgage an d a p romisso ry

no te for the benefit of the City securing the City’s interest in the property. The financial

security instrument bears zero percent interest for a term of five years. Monthly payments

are not required if the Owner abides by all of the conditions of the Rental Rehabilitation

Program Agreement, Mortgage and Promissory Note. The debt is forgiven at the end of its

Page 8

term. If the property is sold prior to the expiration of the term of the Agreement, 100% of the

monies are due and payable to the City in accordance with the Agreement. As a rental, the

Mortgage will be in effect until the affordability period contained in the Agreement has been

satisfied.

k. Interest of the City

No elected official or any officer or employee of the City shall have a financial interest,

direct or indirect, in any City agreement. Any violations of this section with the knowledge

of the person or corporation contracting with the City shall render the agreement voidable

by the CHD Director.

l. Fair Housing

The City has a HUD approved Analysis of Impediments to Fair Housing Choice (AI).

The City, its contractors and subcontractors shall continue to comply with the Fair Housing

Act (42 U.S.C. 3601-20) and implementing regulations at 24 C.F.R. Part 100; Executive

Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 C.F.R.

Part 1, in the administration of projects involving housing.

Page 9

Attachment 1

Map of Target Areas

SOUTH OAKLEIGH/ TEXAS HILL

REVITALIZATION TARGET AREAS

THE BOTTOM/ MLK REVITALIZATION TARGET AREAS

§̈¦10

10.02 11.00

10.01

12.0013.02

02.00

09.02

09.03

14.00

MAGNOLIA CEMETERY

REFORMED TEMPLE JEWISH CEMETERY

CHURCH STREET CEMETERY

MOBILE NATIONAL CEMETERY

CONFEDERATE REST

AHAVAS CHESED (CONSERVATIVE JEWISH SYNAGOGUE) CEMETERY

SEALS

CRAWFORD-MURPHY

WASHINGTON SQ

BRITISH

S BRO

AD ST

CANAL ST

GOVERNMENT ST

MICH

IGAN

AVE

TEXAS ST

VIRGINIA ST

S ANN

ST

SELMA ST

MARI

NE ST

ELMIRA ST

CHURCH ST

S WAS

HINGT

ON AV

E

S CLA

IBORN

E ST

PALMETTO ST

FLIN

T ST

AUGUSTA ST

S CON

CEPT

ION

ST

CHAT

HAM

ST

GAYL

E ST

GEOR

GE S

T

NEW JERSEY ST

CAROLINE AVE

FRY ST

SAVANNAH ST

S CED

AR ST

CONTI ST

ROPER ST

MIAMI ST

ST EM

ANUE

L ST

MARYLAND STS B

AYOU

ST

S GEO

RGIA

AVE

BROWN ST

OHIO ST

REGINA AVE

RAPIER AVE

S JUL

IA ST

MONTAUK AVE

S JAC

KSON

ST

ESPE

JO ST

EVERETT ST

BRAD

FORD

AVE

S WARREN ST

S LAWRENCE STAZALEA ST

WILK

INSO

N ST

CHARLESTON ST

ILLINOIS ST

ESLAVA ST

S DEA

RBOR

N ST

S HALLETT ST

S HAM

ILTON

ST

MONTGOMERY ST

CHAR

LES S

T

S JEF

FERS

ON ST

NORTH CAROLINA ST

CALIFORNIA ST

S FRA

NKLIN

ST

MONROE ST

S SCO

TT ST

TEXAS PL

DELAWARE ST

P H LE

WIS P

L

MURP

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DELAWARE CT

ELMIRA STS JEF

FERS

ON ST

SELMA ST

MONTGOMERY ST

S WAR

REN

ST

MONROE ST

S BAY

OU ST

S DEA

RBOR

N ST

NEW JERSEY ST

S CED

AR ST

MARYLAND ST

RAPIE

R AVE

SAVANNAH ST

S JEF

FERS

ON ST

S WAR

REN

ST

S CEDAR ST

S BAY

OU ST

PALMETTO ST

S LAW

RENC

E ST

CHAR

LES S

T

S GEO

RGIA

AVE

AUGUSTA ST

S SCOTT ST

City of MobileGeographic Information Systems205 Government Street, 4th Fl SouthP.O. Box 1827 (36633-1827)Mobile, Alabama 36644(251) 208-7943http://maps.cityofmobile.o rg

SOUTH OAKLEIGH / TEXAS HILLREVITALIZATION TARGET AREA

±

Minor RoadsMajor Roads

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ParksCemetery

Texas StreetCensus Tracts

0 0.25 0.50.125Miles Date: 9/14/2015

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THOMAS JOE RADFORDRECREATIONAL CENTER

SPRINGHILLPARK

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12.001

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Three

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Cana

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Industrial Canal

N WATER ST

DEKLE DR

CIVIC CENTER DR

MARINE ST

S CEDAR ST

MOTT DR S

MOTT DR N

REDD

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DAUPHIN ST

N LA

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GOVERNMENT ST

COMMON ST

LOLA ST

PLUM

ST

HOLT RD

ST STEPHENS RD

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ST CHARLES AVE

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CEDA

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GLIDDON PL

FIRST CT

S LAWRENCE ST

DR MARTIN LUTHER KING JR AVE

JUNIPER ST

FIFTH CT

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N

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LINCOLN ST

N DEARBORN ST

N WASHINGTON AVE

N JOACHIM ST

PECAN ST

S FRANKLIN ST

N HAMILTON ST

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N JACKSON ST

N FRANKLIN STN CLAIBORNE ST

BOLTZ LN

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N CA

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S CLAIBORNE ST

S HAMILTON ST

ROBINSON ST

MONROE ST

CONCEPTION STREET RD

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SUMPTER ST

S WASHINGTON AVE

PATTE

RSON ST

CONTI ST

KNOX ST

MANASSAS ST

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S SCOTT ST

S ANN

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N PI

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BESTEDA ST

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BLAC

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CARS

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ST ANTHONY ST

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INDUSTRIAL CANAL RD E

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N ANN

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N JU

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N GE

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N BAYOU ST

CAMP ST

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TCHISAM AVE

CHINQUAPIN ST

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HILL AVE

SPRUCE ST

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S PINE ST

S HAL

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STUART CIR

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CHAMBERLAIN AVE

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WHITNEY ST

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Date: 9/14/2015

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Community Block Grant Areas

StreetsMajor RoadsInterstatesPublic HousingRailRoad

Medical FacilitiesASSISTED LIVINGGROUP HOMEHOSPICEHOSPITALNURSING HOMEParksStreamsThe Bottom/MLK Target Area

®

0 1,500750 Feet

The Bottom / MLKRevitalization Target Area

The City of Mobile cannot verify the accuracy or currency of its digital base map. The City of Mobile makes no representation or warranty as to its accuracy, and in particular, its accuracy of labels, dimensions, or placement or location of any map featur e thereon. Do not make business or legal decisions based on this data before validating your decision with a registered land surveyor.

City of MobileGeographic Information Systems205 Government Street, 4th Fl SouthP.O. Box 1827 (36633-1827)Mobile, Alabama 36644(251) 208-7943http://maps.cityofmobile.o rg

Page 10

Attachment 2

SUMMARY OF LEAD

BASED PAINT REQUIREMENTS BY ACTIVITY

Rehabilitation (Subpart J) Chapter 4

<$5,000

$5,000 - $25,000

>$25,000

Approach to Lead

Hazard Evaluation

and Reduction

Do no harm

Identify and control

lead hazards

Identify and abate

lead hazards

Notification

Yes

Yes

Yes

Lead Hazard

Evaluation

Paint Testing

Paint Testing and

Risk Assessment

Paint Testing and

Risk Assessment

Lead Hazard

Reduction

Repair surfaces

disturbed during

rehabilitation

Interim Controls

Abatement (Interim

Controls on exterior

surfaces not disturbed

by rehabilitation)

Safe work practices

Clearance of work site

Safe work practices

Clearance of unit

Safe work practices

Clearance of unit

Options

Presume lead-based

paint

Use safe work

practices on all

surfaces

Presume lead-based

paint and/or hazards

Use safe standard

treatments

Presume lead-based

paint and/or hazards

Abate all applicable

surfaces